legal matters
The legal system in Spain is a complicated one. There is however, no shortage
of lawyers although you may find that not all of them speak english. There
many legal aspects that must have great attention paid to for living, buying,
selling and owning not only properties but also motor vehicles in Spain.
abogado
A Lawyer is called an Abogado in Spain and it is essential that you choose one who speaks your own language and who will supply you with the relevant documents translated into your chosen language for any dealings that you may have with the authorities.
notary
In Spain a Notario is a qualified public servant whose main function is to ensure and certify that all matters brought before him for signature are legal. He is not there to guard your interests. He will not tell you that something within a document "is not in your interest" if it is quite legal. On the other hand he will refuse to notarise anything that is not fully legal. If you do not understand fully what a Notario tells you, say so. It is too late to complain after a document has been Notarised.
nie number
Your NIE number is obtained from the main Police Station in Castellon. Take your passport plus a photo copy and at least two passport size colour photos. Give the address of your residence. It can be a friend's property as long as they will accept you as living there. Remember to notify your change of address when you are settled in your final home.
What is an NIE number and why do I need one?
In Spain you cannot legally buy property, a House, Car, Boat etc
without having applied to the police for your NIE number and had your NIE
documentation returned. Likewise, you cannot enter into a contract for the
supply of electricity, water or telephone line etc without giving your NIE/NIF
number together with your bank details because these services will only
accept clients where bills are paid automatically from your bank. Neither
can you arrange an insurance policy or order goods or services, sign on
for the National Social Security, Health service or commence a job without
showing your NIE number. The decree (Real Decreto 338-1990) of 9th March
establishes that everyone, of whatever nationality, resident or not, who
has any "official business" in Spain, must have a fiscal number
(NIF) which is used to identify them on all official documents.
What is the difference between an NIE and
NIF number?
People often talk about or ask for your NIE or NIF number. In actuality
they are the same. The NIE is used for confirming your identification whereas,
if you wish to carry out any fiscal function such as opening a bank account,
buy a property, car, boat etc it is referred to as an NIF (fiscal) number.
Application requirement and the document issued are the same.
Do I have to apply to the police personally?
Everyone must make a personal attendance to a Spanish police station
with the appropriate documents and sign the application on site. This can
take up to 5 weeks.
Applying for your NIE number
For those living in Peñiscola you need to got the National
Police Station in Castellon and ask for an application form. If you don't
speak/read Spanish it is advisable to be accompanied by someone who does.
Alternatively you can collect an application form to take away for completion
but that will entail waiting in the queue on a second visit.
Take with you:-
Your Passport
A photocopy of your passport
Two coloured passport size photographs
You must give a Spanish address of your residence in Spain. It can be a
friend's property so long as they will accept the responsibility for you
as living with them. Remember to notify your change of address when you
are settled into your final home. Finally please note that processing your
application may take several week.
residencia
New Regulations Governing the Issue of Residence Cards were published
in 2003.British and other EU citizens intending to remain in Spain for a
continuous period of more than 90 days, who are: Employees, Self-employed,
Students, EU national dependants of an EU or Spanish national or those pensioners
who have spent all or part of their working life in Spain*, no longer need
to apply for a residence card and are able to live in Spain with a valid
passport. Dependants who are non-EU nationals still require a residence
card and may have to obtain a special visa before travelling to Spain. (*and
therefore receive their pension from the Spanish Social Security system.)
However, having a residence card simplifies many of the other formalities
new residents need to fulfil, and it is much easier and safer to carry around
than a passport. Therefore, it is advised that all UK nationals living in
Spain apply for a residence card even if it is not obligatory for them.
Pensioners and Persons of Independent Means: The new regulations above
do not apply in the vast majority of cases to EU citizens who have retired
to Spain and persons of independent means. They should obtain one of the
following two types of card:
i. Temporary residence card: intended stay of more than three months but
less than one year.
ii. Ordinary residence card: intended stay of more than one year with a
maximum validity of five years and renewable.
All those who wish to apply for a residence card should submit the relevant
form, obtainable from the local Oficina de Extranjeros (Foreigner’s
office), or downloadable from the Ministry of the Interior’s website
www.mir.es, to the local Provincial Police Station or Foreigner’s
Office (Comisaría de Policía or Oficina de Extranjeros). In
Madrid, this is at c/ General Pardiñas, 90. Applicants should take
their passport plus a photocopy of the original, and three colour passport
size photographs with them. In exceptional circumstances a medical certificate
will be requested. The issue of a card or certificate is at the discretion
of the Spanish authorities.
Further information is available on freephone number 900 150 000, and at
www.mir.es/extranje/comunitario.htm. The Foreigner’s Office can provide
a leaflet in English entitled “Community Citizens Entry Stay and Residence
in Spain”.
Residents should ensure their passport is valid and shows next-of-kin details
on the back page.
Our interpretation and experience of this is that once you have your
NIE number you should write a recorded delivery letter to the Police in
castellon telling them that you are now a resident. However do not expect
a reply as the issue of a card or certificate is at the discretion of the
Spanish authorities.
Residencia Application
Go to the main Police Station in Castellon and say you wish to
apply for Residencia and would like:-
1. A current list of the documents needed for making an application
(they are available in several languages.)
2. An application form called Solicitud de Tarjeta en Regimen Comunitario
(it is in triplicate.)
3. Form No.790
Then take the Form 790 to your Spanish bank for completion. This form confirms
your Spanish Bank account number and money held there (for this service
you pay a small fee.) If you are a Pensioner you must also ask the bank
for a Certificado Bancario which confirms the amount of your pension and
frequency of payment. You then return to the Police Station with:-
Completed Form 790 together with a photocopy
Certificado Bancario (letter from your bank
re income)
together with a photocopy
Medical Form 121 or your Spanish medical
registration card
plus a photocopy of each side
Certifica de Empadronamiento. This is a card
sent to you by the
Ayuntamiento (local town hall) which
proves that you are
on the Electoral Register
Passport with one photocopy
Four passport size photographs.
Each individual must apply personally with all the relevant documents. Once
applied for, it can take several months to process.
Benefits
Applying for Residencia does not lose you any of your rights as
a British Passport holder. It does mean that if you have your Residencia
you don't pay Capital Gains Tax if you sell your property. Likewise if you
sell your property it is easier to take your money out of the country if
returning to the UK or other home country. If you are stopped for a traffic
offence without a residencia, the car can be impounded until you pay. Pensioners
holding a confirmed Residencia who join the Pensionista Club are also entitled
to the same benefits as Spanish Nationals, reduced rail and bus fares, reduced
cost holidays in good hotels etc.
